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  • From: Roy Morgan <k1lky AT earthlink.net>
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Garden pests, four-legged variety
  • Date: Tue, 24 Jun 2008 23:03:57 -0400


On Jun 24, 2008, at 6:55 PM, Bunjov AT aol.com wrote:
...but I need to know whatever I can find
out about 'in-stream water rights'. I've googled myself silly and yet no
clarification.

Sandy,

Celia tells me that the magazine we get about small farms and such lifestyle is Countryside. Lately, it has had a number of articles or question/answers or letters from readers about mineral rights. "Mineral rights" may include water rights. In the case that started the series of articles, a reader whose mineral rights were sold by an earlier owner to an oil company tells of "company men" who come at will onto her property to set off explosive charges in search of oil or gas. Apparently they act badly in the process. Important points I remember from the articles are:

- It takes a lawyer or other specialist to know and understand "the law" regarding mineral rights in *your* area
- Even if you get and read documents related to the sale of mineral rights, you may not know what they mean. There are "terms of the art" in that field that do not mean what you would expect.
- The mineral rights to your land may have been sold a long time ago
- If so, you *should* have been told of that event when you bought your place
- Mineral rights can be un-excercised for decades, and then one day BOOM, you've got large equipment and/or dynamite charges going off in your pastures.
- most oil/mineral companies are big conglomerates now, and are particularly un-interested in the land owners point of view.
- people and equipment which are the earliest hint of new prospecting are most likely sub- or sub-sub- contractors of the rights owner, and are from places very far away. Those folks care even less about the landowners' point of view.

I sincerely hope none of this applies to you.

Roy Morgan
k1lky AT earthlink.net
Lovettsville, VA 20180







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